Legal Question in Business Law in New York

void contract because of non-payment

I am a consultant that is being sub-contracted out by a larger consultant firm. I have a non-compete clause to prevent me from being hired by the client directly. However, I have not been paid by the consulting company for 4 months and I have continued working for the client (who have paid their bills to the consulting company) Does not being paid void my contract? I would like to go to work directly with the client to that I can be paid.


Asked on 8/23/07, 11:59 am

2 Answers from Attorneys
Sabrina Ramirez Law Offices of Sabrina C. Ramirez Esq.

Re: void contract because of non-payment

It clearly seems like the Company that hired you is in breach of their Contract. Have you contacted the Company about the back pay.

Normally not being paid does not void your contract, however I would need to see the terms of your contract to determine what your options are.

It is likely that if you wish to terminate your contract with the Company and work directly for the Client, the Company will likely want some compensation from you, or your Client for this benefit.

Please feel welcome to contact my office, if I can be of any further assistance to you.

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Answered on 8/23/07, 12:13 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: void contract because of non-payment

You should review your independent contractor agreement closely. Agreements normally outline what steps you need to take in a dispute before you can end the agreement. Please feel free to contact my office if you require any assistance in this matter.

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Answered on 8/23/07, 2:10 pm


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